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Sections 215 and 212 CRPC  Criminal Trial : Practice and Procedure  Held, when a criminal appeal filed by one of the accused is allowed by a Single Judge, even if there is difference of opinion about the judgment, another single Judge cannot take a different stand in an appeal filed by another accused, if the allegation against both the accused are one and the same.  Simply because the Court's charge is not in proper form and it prejudiced the accused, the appellants cannot be acquitted for that simple reason.  In such a situation, the usual remedy is to remand the case to the Trial Court and direct the Trial Court to frame charge in accordance to Criminal Procedure Code and proceed in accordance to law.  [Paras 17 to 20] Ani vs State of Kerala  CRL-A 2025/08 24/09/20  [ B.SUDHEENDRA JJ] [ KERALA HIGH COURT ]

Sections 482 & 397 CRPC   Inherent and or Revisional power of High Court  Scope of interference qua quashing of order of summoning of a Company Director.  Consideration of material relied upon by accused.  Settled law, that, while exercising inherent jurisdiction or revisional jurisdiction, where complaint is sought to be quashed, not proper for High Court to consider the defence of accused or embark upon enquiry into merits of accusations.  But, where the matter is at summoning stage or taking of cognizance and trial is yet to commence, materials relied upon by accused, which are in the nature of Public Documents, or which are beyond suspicion or doubt, can very well be looked into by the High Court.  Criminal Prosecution is a serious matter affecting liberty of a person. Thus, in appropriate cases, it would be travesty of justice, if, a person is relegated to face trial. In spite of availability of such documents or materials in his favour, on th...

Arbitration and Conciliation Act  Sections 12(1), 12(4) & 13  Appointment of Arbitrator   Interpretation of section  When a person is approached in connection with his possible appointment as arbitrator it is his duty to disclose in writing any circumstances which are likely to give rise to justifiable doubts as to his independence or impartiality.  Disclosure is to be made in form specified in Sixth Schedule, and grounds stated in Fifth Schedule are to serve as guide in determining whether circumstances exist which give rise to justifiable doubts as to independence or impartiality of arbitrator.  Once this is done, appointment of arbitrator may be challenged on ground that justifiable doubts have arisen.  Where person become ineligible to be appointed as arbitrator his mandate automatically terminates and he shall be substituted by another arbitrator.  It is only if controversy occurs concerning whether he has become de jure unable to pe...

THE SUPREME COURT OF INDIA Life Insurance Corporation of India and Another v. Sunita Case No:- Civil Appeal No. 6537 of 2021, [@ Special Leave Petition (Civil) No. 13868 of 2019] Date of Decision:- 29-10-2021 Sanjiv Khanna, Bela M. Trivedi JJ HEADNOTE INSURANCE / CONSUMER PROTECTION Insurance policy - Concept of Uberrima fides  - Suppression of material fact - Life insurance policy taken by complainant's husband on 14.04.2021 - Under the policy, apart from Rs. 3,75,000/-, in case of death by accident, an additional sum of Rs. 3,75,000/- was assured - Husband defaulted in paying next premium which was due on 14.10.2011 - On 06.03.2012, he met with an accident - He deposited premium that was due on 09.03.2012 for reviving the policy without disclosing about the accident - He died on 21.03.2012 - Appellant paid a sum of Rs. 3,75,000/- but did not pay additional amount of Rs. 3,75,000/- towards the Accident claim - Justification. Held, the conduct of not disclosing about the accident a...